House Study Bill 577



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED JUDICIAL BRANCH
                                            BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to county processing of orders for observation,
  2    evaluation, and treatment of public patients at the state
  3    psychiatric hospital at the state university of Iowa.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5303DP 81
  6 jp/gg/14

PAG LIN



  1  1    Section 1.  Section 225.10, Code 2005, is amended to read
  1  2 as follows:
  1  3    225.10  VOLUNTARY PUBLIC PATIENTS.
  1  4    Persons suffering from mental diseases may be admitted to
  1  5 the state psychiatric hospital as voluntary public patients as
  1  6 follows:  Any physician authorized to practice medicine,
  1  7 osteopathy, or osteopathic medicine in the state of Iowa may
  1  8 file information with any district court of the state or with
  1  9 any judge thereof the office of the county general assistance
  1 10 director of the person's county of residence, stating that the
  1 11 physician has examined the person named therein and finds that
  1 12 the person is suffering from some abnormal mental condition
  1 13 that can probably be remedied by observation, treatment, and
  1 14 hospital care; that the physician believes it would be
  1 15 appropriate for the person to enter the state psychiatric
  1 16 hospital for that purpose and that the person is willing to do
  1 17 so; and that neither the person nor those legally responsible
  1 18 for the person are able to provide the means for such the
  1 19 observation, treatment, and hospital care.
  1 20    Sec. 2.  Section 225.12, Code 2005, is amended to read as
  1 21 follows:
  1 22    225.12  VOLUNTARY PUBLIC PATIENT == PHYSICIAN'S REPORT.
  1 23    A physician filing information under section 225.10 shall
  1 24 include a written report to the judge office of the county
  1 25 general assistance director, giving such a history of the case
  1 26 as will be likely to aid in the observation, treatment, and
  1 27 hospital care of the person named in the information and
  1 28 describing the same history in detail.
  1 29    Sec. 3.  Section 225.13, Code 2005, is amended to read as
  1 30 follows:
  1 31    225.13  FINANCIAL CONDITION.
  1 32    It shall be the duty of the judge to have a thorough
  1 33 investigation made by the county attorney of the county of
  1 34 residence of the person named in the information regarding The
  1 35 county general assistance director is responsible for
  2  1 investigating the financial condition of that a person being
  2  2 admitted to the state psychiatric hospital and of those
  2  3 legally responsible for the person person's support.
  2  4    Sec. 4.  Section 225.14, Code 2005, is amended by striking
  2  5 the section and inserting in lieu thereof the following:
  2  6    225.14  PATIENT COSTS.
  2  7    If it is determined through the financial condition
  2  8 investigation made pursuant to section 225.13 that a person is
  2  9 a committed or voluntary private patient, the person or those
  2 10 legally responsible for the person's support are liable for
  2 11 expenses as provided in section 225.22.  The costs of a
  2 12 committed or voluntary public patient shall be paid by the
  2 13 state as provided in section 225.28.
  2 14    Sec. 5.  Section 225.16, Code 2005, is amended to read as
  2 15 follows:
  2 16    225.16  VOLUNTARY PUBLIC PATIENTS == ADMISSION.
  2 17    1.  If the judge of the district court, or the clerk of the
  2 18 court, as aforesaid, county board of supervisors finds from
  2 19 the physician's information which was filed under the
  2 20 provisions of section 225.10, that it would be appropriate for
  2 21 the person to enter be admitted to the state psychiatric
  2 22 hospital, and the report of the county attorney general
  2 23 assistance director made pursuant to section 225.13 shows that
  2 24 neither the person nor and those who are legally responsible
  2 25 for the person, are not able to pay the expenses thereof
  2 26 incurred at the hospital, or are able to pay only a part of
  2 27 the expenses, the judge or clerk person shall be considered to
  2 28 be a voluntary public patient and the board of supervisors
  2 29 shall enter an order directing direct that the said person
  2 30 shall be sent to the state psychiatric hospital at the state
  2 31 University university of Iowa for observation, treatment, and
  2 32 hospital care as a voluntary public patient.
  2 33    2.  When the said patient arrives at the hospital, the
  2 34 patient shall receive the same treatment as is provided be
  2 35 cared for in the same manner as is provided for committed
  3  1 public patients in section 225.15.
  3  2    Sec. 6.  Section 225.17, Code 2005, is amended to read as
  3  3 follows:
  3  4    225.17  COMMITTED PRIVATE PATIENT == TREATMENT.
  3  5    1.  If the judge of the district court finds upon the
  3  6 review and determination made under the provisions of section
  3  7 225.14 pursuant to section 225.11 that the respondent is an
  3  8 appropriate subject for placement at the state psychiatric
  3  9 hospital, and that the respondent, or those legally
  3 10 responsible for the respondent, are able to pay the expenses
  3 11 associated with the placement, the judge shall enter an order
  3 12 directing that the respondent shall be sent to the state
  3 13 psychiatric hospital at the state university of Iowa for
  3 14 observation, treatment, and hospital care as a committed
  3 15 private patient.
  3 16    2.  When the respondent arrives at the hospital, the
  3 17 respondent shall receive the same treatment as is provided for
  3 18 committed public patients in section 225.15, in compliance
  3 19 with sections 229.13 to 229.16.  However, observation,
  3 20 treatment, and hospital care under this section of a
  3 21 respondent whose expenses are payable in whole or in part by a
  3 22 county shall only be provided as determined through the
  3 23 central point of coordination process.
  3 24    Sec. 7.  Section 225.18, Code 2005, is amended to read as
  3 25 follows:
  3 26    225.18  ATTENDANTS.
  3 27    The court or clerk county board of supervisors may appoint
  3 28 a person to accompany the committed public patient or the
  3 29 voluntary public patient or the committed private patient from
  3 30 the place where the patient may be to the state psychiatric
  3 31 hospital of the state university at Iowa City, or to accompany
  3 32 the patient from the hospital to a place as may be designated
  3 33 by the court or clerk board.  If a patient is moved pursuant
  3 34 to this section, at least one attendant shall be of the same
  3 35 sex gender as the patient.
  4  1    Sec. 8.  Section 225.19, Code 2005, is amended to read as
  4  2 follows:
  4  3    225.19  COMPENSATION FOR ATTENDANT.
  4  4    Any person An individual appointed by the court or judge or
  4  5 clerk county board of supervisors to accompany said a person
  4  6 to or from the hospital or to make an investigation and report
  4  7 on any question involved in the complaint, other than the
  4  8 physician making the examination, matter shall receive the sum
  4  9 of three dollars per day for the time actually spent in making
  4 10 such the investigation (except in cases where the person
  4 11 appointed therefor receives a fixed salary or compensation)
  4 12 and actual necessary expenses incurred in making such the
  4 13 investigation or trip.  This section does not apply to the
  4 14 physician examining the person or to an appointee who receives
  4 15 fixed compensation or a salary.
  4 16    Sec. 9.  Section 225.20, Code 2005, is amended to read as
  4 17 follows:
  4 18    225.20  COMPENSATION FOR PHYSICIAN.
  4 19    The physician making the examination of a voluntary public
  4 20 patient on which is based any information filed under section
  4 21 225.10 shall receive such sum be compensated as the court may
  4 22 direct directed by the county board of supervisors for each
  4 23 and every examination information so made performed, and the
  4 24 actual and necessary expenses incurred by the physician in
  4 25 making such the examination, in conformity with the
  4 26 requirements of this chapter, if the person named in the
  4 27 information is referred to the state psychiatric hospital.
  4 28    Sec. 10.  Section 225.21, Code 2005, is amended to read as
  4 29 follows:
  4 30    225.21  VOUCHERS.
  4 31    The person making claim to compensation under section
  4 32 225.19 or 225.20 shall present to the court or judge an
  4 33 itemized sworn statement of the claim, and when the claim for
  4 34 compensation has been approved by the court or judge or clerk,
  4 35 it shall be filed file the claim in the office of the county
  5  1 auditor and shall be allowed.  The claim is subject to review
  5  2 and approval by the board of supervisors.
  5  3    Sec. 11.  Section 225.23, Code 2005, is amended to read as
  5  4 follows:
  5  5    225.23  COLLECTION FOR TREATMENT.
  5  6    If the bills for such a committed or voluntary private
  5  7 patient are paid by the state, it shall be the duty of the
  5  8 state psychiatric hospital to shall file a certified copy of
  5  9 the claim which has been so paid, for the bills with the
  5 10 auditor of the proper patient's county, who of residence.  The
  5 11 county of residence shall proceed to collect the same by
  5 12 action, if necessary, claim in the name of the state
  5 13 psychiatric hospital, and when collected pay the same amount
  5 14 collected to the director of the department of administrative
  5 15 services.  The hospital shall also, at the same time, forward
  5 16 a duplicate of the account claim to the director of the
  5 17 department of administrative services.
  5 18    Sec. 12.  Section 225.24, Code 2005, is amended to read as
  5 19 follows:
  5 20    225.24  COLLECTION OF PRELIMINARY EXPENSE.
  5 21    Unless said a committed private patient or those legally
  5 22 responsible for the patient patient's support offer to make
  5 23 such settlement settle the amount of the claims, it shall also
  5 24 be the duty of the county auditor of the proper person's
  5 25 county as aforesaid to proceed to of residence shall collect,
  5 26 by action if necessary, in the name of the said county, the
  5 27 amount of all claims for per diem and expenses that have been
  5 28 approved by the said court or judge county board of
  5 29 supervisors and paid by the county treasurer of said county as
  5 30 provided for under the provisions of section 225.21, and when.
  5 31 Any amount collected to pay the same into the shall be
  5 32 credited to the county treasury.
  5 33    Sec. 13.  Section 225.25, Code 2005, is amended to read as
  5 34 follows:
  5 35    225.25  COMMITMENT OF PRIVATE PATIENT AS PUBLIC.
  6  1    If any a patient be admitted is committed to the state
  6  2 psychiatric hospital as a private patient and thereafter an
  6  3 order of commitment of the patient as a public patient be made
  6  4 by the court or judge or clerk having jurisdiction thereof
  6  5 after admission it is determined through an investigation made
  6  6 pursuant to section 225.13 that the person is a public
  6  7 patient, the expense of keeping and maintaining the patient
  6  8 from the date of the filing of the information upon which the
  6  9 order is made shall be paid by the state.
  6 10    Sec. 14.  Section 225.30, Code 2005, is amended to read as
  6 11 follows:
  6 12    225.30  BLANKS == AUDIT.
  6 13    The medical faculty of the university of Iowa college of
  6 14 medicine shall prepare blanks containing such questions and
  6 15 requiring such information as may be necessary and proper to
  6 16 be obtained by the physician who examines a person or
  6 17 respondent whose referral to the state psychiatric hospital is
  6 18 contemplated.  A judge may request that a physician who
  6 19 examines a respondent as required by section 229.10 complete
  6 20 such blanks in duplicate in the course of the examination.  A
  6 21 physician who proposes to file information under section
  6 22 225.10 shall obtain and complete such blanks in duplicate and
  6 23 file them with the information.  The blanks shall be printed
  6 24 by the state and a supply thereof of the blanks shall be sent
  6 25 to the clerk of each district court of the state made
  6 26 available to counties.  The director of the department of
  6 27 administrative services shall audit, allow, and pay the cost
  6 28 of the blanks as other bills for public printing are allowed
  6 29 and paid.
  6 30                           EXPLANATION
  6 31    This bill amends Code chapter 225, relating to the state
  6 32 psychiatric hospital at the state university of Iowa, to
  6 33 require the office of the county general assistance director
  6 34 to conduct financial condition investigations of persons who
  6 35 are sent to the state psychiatric hospital for evaluation and
  7  1 treatment, instead of the court and the clerk of court.  The
  7  2 county board of supervisors is given the responsibility of
  7  3 directing that a voluntary public patient be sent to the state
  7  4 psychiatric hospital, instead of requiring a court order.
  7  5 LSB 5303DP 81
  7  6 jp:nh/gg/14